United States v. Rabinowich, 238 U.S. 78 (1915)

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United States v. Rabinowich

No. 748

Argued April 7, 1915
Decided June 1, 1915
238 U.S. 78

ERROR TO THE DISTRICT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

A conspiracy, having for its object the commission of an offense denounced by the Bankruptcy Act, is not, in itself, an offense arising under that act within the meaning of § 29a thereof, and the one-year period of limitation prescribed by that section does not apply.

A conspiracy to commit a crime, as defined in and punished by § 37, Criminal Code (§ 5440, Rev.Stat.) is a different offense from the crime that is the object of the conspiracy.

Mere conspiracy, without an overt act done in pursuance of it, is not criminally punishable under § 37, Criminal Code.

Quaere whether the crime of concealing from the trustee property belonging to the bankrupt estate, as defined in § 29b(1) of the Bankrupt Act can be perpetrated by anyone other than a bankrupt or one who has received a discharge as such.

In construing the criminal statutes involved in this action, this Court attribute to Congress, in the absence of any inconsistent expression, a tacit purpose to maintain a long established and important distinction between offenses essentially different.

The facts, which involve the construction of § 29b of the Bankruptcy Act and § 37 of the Criminal Code (§ 5440, Rev.Stat.) in regard to conspiracies to commit crimes against the United States are stated in the opinion.